Client acquitted at Court after Council drop Planning Enforcement Prosecution

Mr LC was being prosecuted by Halton Borough Council for an alleged breach of a planning enforcement notice contrary to section 179 of the Town and Country Planning Act 1990. LC is a professional landlord; his lack of previous convictions was very important to him in both his business and personal capacity. He had instructed a firm of solicitors to represent his interests but following a lengthy pre-trial process and having spent a lot of money, he had little faith in them and was worried that he was going to receive a criminal conviction. He therefore instructed specialist planning enforcement lawyer Quentin Hunt to represent his interests on a direct public access basis.

Upon instruction, Quentin considered the papers in the case and took detailed instructions from his client. It became apparent that his client’s position at a trial would be extremely difficult due to the draconian nature of the Town and Country Planning Act. Quentin therefore undertook negotiations with the council to try to halt the criminal prosecution.

In TCPA cases Local Authorities are often concerned not only with the current prosecution but also with what the legacy position will be following conviction. Quentin made a series of formal written representations to the council for their consideration, proposing that the council drop the prosecution against his client if his client complies with the terms of the enforcement notice and accepts a caution from the council.

After a short period of further negotiation, Quentin was pleased to be able to tell his client that the Council agreed to the terms of his offer. This meant that no trial would take place. A timetable for compliance was put in place and a caution was duly signed. This meant that the prosecution offered no evidence against Quentin's client, a formal not guilty verdict was entered, and LC was acquitted of the charge. Importantly, this meant that Quentin's client did not have a conviction upon his record, something which was very important to him. He was naturally delighted with the result.

Quentin Hunt is a criminal defence Barrister who has specialised in dealing with Planning Enforcement cases over his 25-year career. He is adept at negotiating settlements with local authorities where prosecutions have either started or are due to be launched.

If you face a planning enforcement prosecution, or if you are worried that you will do so, then you may contact Quentin for a free, no obligation conversation about how he may assist in your case.

There is no stage that is too early or too late to seek legal advice if you consider yourself to be in trouble. In fact, the earlier you get an experienced legal representative on board the more likely you are to avoid mistakes at the beginning of proceedings that can come back to haunt you later if the matter proceeds to litigation.

One of Quentin’s mottos is that ‘the best way to win a trial is not to have a trial at all’ and he is known for the drafting of effective pre-charge representations and the launching of powerful pre-trial legal arguments. His tactical and skilful drafting and presentation of arguments such as disclosure, abuse of process and dismissal applications can often defeat a prosecution case before it even gets to trial.

Quentin is also adept at accepting instructions at a late stage and is often approached to ‘rescue’ cases from ineffective publicly funded representatives.

Quentin is passionate about committing the necessary time and attention to detail to his cases and purposefully does not take on a huge client base. He is therefore does not accept instruction in Legal Aid or publicly funded cases.

If you have been accused of a criminal offence you have the right to seek justice by employing the best barrister to present your case. You can instruct leading criminal barrister Quentin Hunt to handle your criminal case directly – rather than having to go through a third-party solicitor. You can contact Quentin for a free, no obligation conversation about your case, he will talk you through the process personally.